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contributory negligence, 149-152.
customary method or use, departure

from, by employee, 131.
dangerous occupations as affecting

degree of care, 125, 126.
defenses of employers, 139-169.
departmental doctrine, 159, 160.
details of work, 178, 179.
direct orders of employers, 173, 174.
duties of employers, 124-138.
fellow-servants, duty in hiring, 135,

136.
fellow-service, defense of, 153-172.
fellow-service rule, reasons for, 155,

156.
fellow-service, theories of, 158-167.
inspection, duty of employer as to,

131-135.
inspections, government, effect of,

133, 134.

instructions and warnings to employ-
ees, 137, 1,38.

instrumentalities, supply of, 126.

insurance, 180-184.

labor organizations, contracts with,
179, 180.

law determining, 124.

maintenance and repair, 130, 131.

negligence, 139.

non-dclegable duties of employer, 138.

ownersliip of appliances, effect of,

134, 1.35.

place and instrumentalitiea, 126, 127.
repairs, 130, 131.



368



INDEX



Employers' liability — Continued.
repairs, efifect of promise to make,

172, 173.
rules, duty to make, 136, 137.
rules shifting liability, 144.
safe place, 126, 127.
statutes modifying, 169-172.
Sunday labor in violation of statute,

80, 81.
variation of course of employment,

175-178.
vice-principals, 160, 163-167.
violation of statutes, 93-98, 127-129.
" volenti non fit injuria," 140.
volunteers, 1, 177, 178.
working force, 135, 136.
Employers' liability to third persona
for negligence of employees, 201-
204.
Employers, right of, to recover damages
for interference with employees,
37-40, 301, 302, 317.
Employment, discrimination in, pro-
hibited, 5.
Employment, foremen, etc., accepting

fees for furnishing, 211.
Employment, new, duty of employee

to seek, after discharge, 25, 26.
Employment, offer of different, by
employer after breach of contract,
26.
Employment offices, 208-211.
Enforcement of labor contract, 12-16.

statutes providing for, 16-23.
Engineers, examination and licensing

of, 109, 112, 116.
Enticing employees, 35-40.
Equity control of labor organizations,

225. 306-317.
Erdman Act, mediation and arbitra-
tion under, 337-340.
Examination and licensing of workmen,
108-116.
grounds for, 112-116.
Exemption of wages from garnishment,
etc., 55-57.

Factory regulations, 83, 84, 89, 90.
Fees for employment, foremen, etc.,

receiving, 211.
Fellow-service {see Employers' lia-

biUty).



Fines by labor organizations, 214, 216,
226-230, 240, 266, 267, 286, 301,
327.

Fines for imperfect work, 50, 51.

Fines on non-members by labor organi-
zations, 266, 286, 301.
recovery of, 301 .

Fire escapes on factories, etc., 83.

Food not to be eaten in certain work-
rooms, 84.

Foremen, etc., receiving fees for em-
ployment, 211.

Freedom of contract, 4-6, 315, 316.
statutes affecting, 5-9.

Freedom of employer to fix physical
conditions, 83, 93-98, 115, 116,
127.

Freedom of speech, 284, 288, 289, 308-
310, 327, 328.

Freedom to trade, 70-72.

Full crew on railroad trains, laws re-
quiring, 85, 91.

Garnishment of wages, 55-57.
Guards for dangerous machinery, 83,
84, 89, 92.

Hiring by day, week, month, or year,

effect of, 9-11.
Horseshoers, examination and licens-
ing of, 109, 114.
Hospital fees, withholding, 51.
Hours of labor — in bakeries, 74, 78.

in mines, etc., 74, 77.

of women and children, 101-103.

on public works, 74, 75, 78, 79.

on railroads, 74, 76-78.

regulation of, 73-79.

Illiterate engineers, etc., on railroads,

116.
Implied contracts, 1.
Implied term of contracts of employ-
ment, 9-11.
Incompetence — as affecting wage
rates, 47, 48.
as ground for discharge, 27, 28.
Injunctions — antitrust act enforceable
by, 321.
appeals from, 312, 313.
award of damages, 317.
binding when, 310-313.



INDEX



369



Injunctions — Continued.

"blanket injunctions," 313, 314.
bonds in cases of, 310, 311.
boycotts subject to when, 318, 319.
classes of, 305, 306.
criminal acts, as such, not subject

to, 307. 308.
disclosure of trade secrets, 13, 14.
effect of statutes legalizing labor

organizations on, 314, 315.
effect on persons not parties, 313.
employment in violation of prior

contract subject to, 13, 14.
granted when, 306-308.
incitement to strikes, 319-321.
interference with contracts, 296, 297.
interstate commerce, interference

with, 308.
irregularity in, effect of, 311.
issued at whose instance, 308, 316,

317.
jurisdiction of state and federal

courts, 310.
labor organizations as parties, 217,

221. 222, 313, 314.
libel, as such, not subject to, 308-310.
mails, hindering, 255, 308, 321.
mandatory, 305.
modern use of, 305.
nature of, 305, 306.
obedience required when, 311, 312.
persons bound by, 313, 314. 328.
persuasion subject to, 319, 320.
picketing, 321-323.
preliminary or interlocutory. 306.
prevention of disruption of unions,

217, 317.
"probable expectancies" protected

by, 316.
protection of intangible rights by,

315, 316.
state may procure, 308.
strikes subject to, when, 320. 321.
validity of. how determined, 311,

312.
Injuries to employees — by third per-
sons, 42, 43.
compensation for. 187-198.
employers' liability for, 124-186.
Insolvency of employer, effect of, 32.
Inspection — employers' duty as to,

131-135.



of factories, etc., laws relating to, 83,
84. 89-93. 133.
Inspectors' certificates, 98, 99.
Inspectors, factory, 92, 93.
Insurance — accident, freedom of em-
ployees in procuring. 72.

employers' liability. 180-184.

mutual, of employers, 184.

workmen's. 184-186.
Interference with contracts of employ-
ment. 35-42, 296.

civil and criminal liability for, 304.

damages for, 297-304.

motive, 36-39, 297, 298.

remedies for, 300-323.

statutes prohibiting, 39-41, 299, 300.
Interstate commerce, interference with,

255, 256, 308.
Intimidation of employers and em-
ployees, 41, 42, 286-289. 297-300.

by labor organizations, 298-300.

statutes prohibiting. 299. 300.
Intoxication of employees. 201.

procuring. 42. 43.
Inventions of employees, 73, 74.

Justification for interference with em-
ployment, 274, 275.

Labor agents, 210, 211.
Labor as capital, 5, 253, 316.
Labor bureaus, 211, 212.

{see also Employment offices).
Labor organizations — actions by and
against, 217-224.
antitrust laws as affecting, 253-256.
applications for membership, 233.
as affecting third parties, 214.
badges of, 250.

bribery of ofl5cers of, 234, 235.
by-laws, rules, etc., of, 226-230.
closed shop agreements of, 240-246,

302. 303.
coercion by, 229, 236, 240, 243, 246,

273, 274, 286, 287, 326.
collective agreements, 235-240, 245.
contracts by. 224, 235-240.
contracts of, effect on individual

contracts, 237-239.
contracts of. validity of, 235-237, 239.
contracts to employ only members of,
240-242.



2b



370



INDEX



Labor organizationa — Contintted.
contracts with, as affecting employ-
ers' liability, 179. 180.
corporate character of, 219-226.
damages for acts of, 231, 232, 239, 242.
discharge of workmen on account of

membership in, 233, 234.
dissolution of, 227, 232, 251.
embezzlement of funds of, 225, 226.
enforcement of rules, etc., of, 226-

229.
enjoinable, 217, 221 , 222.
equity courts best suited to deal

with, 225.
exemptions affecting, 218, 253, 260.
expulsion as interference with em-
ployment, 297.
expulsion of members, 225, 230-232,

239, 297, 298.
fines against, 222.
fines by, 214, 215, 226-230, 240, 266,

267, 286, 301, 327.
incorporated, status of, 217, 218.
interference, statutes prohibiting,

299, 300.
interference with employruent by,

295-300.
labels or trade-marks of, 246-250.
law governing, 217-226.
legality of, 213, 214.
liability of, for damages, 222. 223,

297-299. 301-304.
liability of, in contempt proceedings,

313, 327-329.
liability of members, 222, 223, 304.
mandamus to restore membership in,

231, 232, 304.
membership in, 230-234.
nature of, 213-217.
numbers, coercive effect of, in, 245,

254, 262, 274, 277.
oflBcials of, may advise members,

275, 276, 296.

organizers of, may not incite strikes,

276, 320, 321.

partnership character of, 219-221.
payment of strike benefits by, 276.
principals and agents in, 224, 238.
protection of employees as members,

233, 234.
representative capacity of officers,

296.



restoration to membership, 231, 232,

304.
rival unions, 296-298, 302, 317,

327.
rules, by-laws, etc., of, 226-230.
rules of, as affecting freedom of con-
tract. 6. 213. 226.
rules of, as defense in suits for dam-
ages, 214-216, 229, 230.
status of, 217-226.
suits by and against, 217-224.
unincorporated, status of, 218-226.
voluntary character of, 213, 214,
218, 219.
Legislatures, authority of, 7-9.
Letters of recommendation, 33-35.
Liability for damages for interference
with employment, 35-39, 294, 297,
298. 300-304.
Liability of employees for negligent

acts. 199-201, 204.
Liability of employers — for injuries by
strikers, 269, 270.
for injuries to employees (see Em-
ployers' liability),
for taxes of employees, 205, 206.
to third persons for neghgence of
employees, 201-204.
Libel, restraint of, by injunction, 308-

310.
Licensing of workmen, 108-116.
Liens for wages, 61. 62.
Life-saving service, injured employees

in. 192.
Limitations on freedom of contract,

6-9.
Liquor — sale of. near labor camps, 99.
sale of. to employees, 42, 43, 99.
taking, into mines, mills, etc., 99.
use of, on trains, 99.

Mails, interference with, enjoinable,

255, 308, 321.
Married women, earnings of, 106.
Mechanics', etc., liens, 61, 62.
Mediation and arbitration — boards of,
how chosen, 332.
construction of statutes relating to,

334-340.
definitions. 332.

enforcement of awards, 333, 334.
statutory provisions for, 331-333.



INDEX



371



Mine employees, examination and

certification of, 108, 109, 112.
Mine foremen, certified, status of, 109-

111.
Mine regulations, 86, 90.
Minors, earnings of, 106.
Motive as element in interference with

employment, 36, 37, 242, 245, 297,

298, 303, 304.
Motive of acta as affecting legality,

274, 275.

National Guard, protection of work-
men as members of, 44.

Negligence of employees, 199-204.
joint liability for, 204.
liability of employee for, 199-201.
liability of employer to third persons
for, 201-204.

Negligence of employers, liability to
employees for (see Employers'
liability) .

Negligence of operators of steam boil-
ers, etc., 200.

Negligence, violation of safety laws as,
93-97, 127-129.

Night work by women and children,
101, 103.

Notice of termination of contract,
32, 33.

Orders — disobedience of, as grounds
for discharge, 29.
negligent, by employer, 173, 174.
Overtime pay, 73, 75, 76.

Payee of wages, who is, 46, 106.
Payment of wages — due deceased em-
ployees, 46.

in scrip, 64-69.

in violation of statute, 46, 47, 65.

place of, 55.

time of, as indicating term of con-
tract, 9-11.

time of, statutes regulating, 51-55.

to discharged employees, 53, 54.
Pensions for employees, 206, 207.
Peonage, 18-21.
Permanent employment, contracts for,

9.
Persuasion — enjoinable when, 319, 320.

to strike, right of, 272-276.



Physicians, freedom in selection of, 72.
Picketing — enjoinable when, 321-323.
lawfulness of, 27(5-281.
statutes prohibiting, 281, 282.
Plumbers, examination and regis-
tration of, 109, 113, 114.
Police power, 7-9.
Preference of wage claims over other

debts, 63, 64.
Prison labor (see Convict labor).
"Probable expectancies," doctrine of,

316.
Profit-sharing by employees, 206.
Property, right to employment as,

5, 6. 315, 316.
Protection of employees — as members
of labor organizations, 233, 234.
as members of National Guard, 44.
as traders, 70-72.
as voters, 43, 44.
Public printing, union label on, 249,

250.
Public work, closed shop agreements

in, 240, 241.
Public works — employment of resident
laborers on, 118, 119.
hours of labor on, 74, 75, 78, 79.
preference of domestic products for,

118, 119.
rates of wages on, 48-50.

Quantum meruit, when action may be
brought, 3, 47.

Railroad employees, examination and
certification of, 108, 112, 113,
116.
Railroad repair shops to be maintained

within the state, 120, 121.
Railroad trains — abandonment of, 22,
271. 272.
special, for workingmen, 207.
suflRciont crows for, 85, 91.
Railroads — employment of illiterate
engineers, etc., on, 116.
hours of lalwr on, 74, 76-78.
liability laws affecting, 171, 172.
safety appliances on, 85, 89-92.
Railway mail clerks, injured, 192, 193.
Rate of wages, 3, 47-50.
changing, 47, 48.
regulation by statute, 48-50.



372



INDEX



Ratification by employer of negligent
acts of employee, 203, 204.

Refusal to deal, 254, 283-285.

Registration of workmen, 108-116.

Relief benefits, 146-149.

Resident laborers, preference, in em-
ployment, 117-121.

Respondeat superior, doctrine of, 201,
202.

Restraining orders (see Injunctions).

Right to contract, 4, 5, 315, 316.

Rights of employees — as traders, 70-72.
as voters, 43, 44.

Rules of employer as affecting con-
tracts, 3.

Safe place, common law as to, 126, 127.
Safe place and appliances, statutes

requiring, 83-99.
Safety appliances — in factories, 83, 84,

89, 90.
on railroads, 85, 89-92.
Safety laws — constitutionality of, 88-

92.
disobedience of, as affecting em-
ployers' liability, 93-98, 127-129.
enforcement of, 92, 93.
Salary and wages, 45, 46.
Satisfactory services, test of, 28, 29.
Scrip, tokens, etc., payment of wages

in, 64-69.
Seamen, contracts of employment of,

23, 24.
Seats for female employees, 103, 104.
Service, variation of, 29, 30.
Sickness, effect of, on contract of

employment, 16, 31, 32.
Special legislation, 171, 172.
Specific performance of contracts of

employment, 12-15.
Statutes modifjang common law, 8, 9,

89, HI, 112 (note), 169-172.
Steam boilers, inspection of, 84.
Stevedores' bonds for wages, 62.
Stock, special, for employees, 206.
Stockholders of corporations, liability

of, for wags debts, 63.
Store orders as payment for wages,

65-70.
Street railways, safety appliances, etc.,

on, 86.
Strike benefits, 276.



Strike insurance, 272.

Strike notices, 266.

Strikers as trespassers, 273, 274.

Strikes — definition of, 261, 262.

effect of, on duty of employers, 269,

270.
effect of, on relation of employer

and employee, 263, 264, 272, 273.
failure to render service because of,

269.
fear of injury during, as excuse for

violation of contract, 269, 270.
incitement of, 271-276.
incitement of, enjoinable when, 320,

321.
injuries to employees accepting

service during, 270.
injuries to third persons during, 269.
legality of, how determined, 262-

266, 271.
liability of municipalities for dam-
ages caused by, 271.
notice of, in advertisements for

laborers, 4, 270.
of railroad employees, 22, 271, 272.
participation in, notice of, not to be

required, 270, 271.
statutes authorizing, 271.
sympathetic, 268.
unlawful when, 266-268.
Striking employees, status of, 263,

264, 272, 273.
Suflicient compliance with safety laws,

98, 99, 135.
Suits at law as remedies for interfer-
ence with employment, 300-304.
Suits for wages, 60, 61, 107.
Sunday labor, 79-82.

as affecting employers' liability, 80,81 .
as affecting recovery of wages, etc.,
81, 82.

Taxes of employees, liability of em-
ployers for, 205, 206.

Term of contract of employment, 9—12.

Tips to waiters, 41.

Ton as basis for wage payments, 76.

Trade agreements, 235-240.

Trade-marks of trade-unions (see
Union labels).

Trade secrets, disclosure of, 13, 14.

Trade-unions (see Labor organizations).



INDEX



373



Trains, special, for workingmen, 207.
sufficient crewa for, 85, 91.

Unfair lists, publication of, enjoinable

when, 309, 310.
Union labels — as trade-marks, 246-248.
forgery, etc., of, 249.
statutes protecting, 247-249.
Union labor, contracts for exclusive
employment of, 240-246.

Violation of law by employee, effect

of, on recovery of wages, 46, 81, 82.
Violation of safety laws as negligence,

93-98, 127-129.
" Volenti non fit injuria," doctrine of,

140.
Volunteers, 1, 177, 178.
Voters, protection of employees as, 43,

44.

Wage brokers, 57-60.
Wage claims — preference of, 63, 64.
sending outside state for collection,

56, 57.
Wages — assignments of, 56-60.

contractors' bonds for security of,

62, 63.
deductions from, for benefit societies,

etc., 51.
deductions from, for imperfect work,

50, 51.
definition of, 45, 46.
due deceased employees, 46.
due discharged employees, 53, 54.
for work done in violation of law,

46, 81, 82.
garnishment of, 55-57.



improper payment of, 46, 47, 66-

57.
judgments for, 60.

liability of stockholders of corpo-
rations for, 63.
liens for, 61, 62.
of married women, 106.
of minors, 106.
of women, suits for, 106, 107.
paid before breach of contract, 16.
payment of, in scrip, 64-69.
payable to whom, 46, 106.
place of payment of, 55.
prior payment of, in settlement of

estates, etc., 63, 64.
rate of, 47-50.
recovery of, after breach of contract,

15, 16.
refusal to pay, 54, 55.
retention of, as pledge, 66.
suits for, 60, 61, 107.
time of pajTnent of, 51-54.
withholding for benefit funds, hos-
pitals, etc., 51.
Waiver of provisions of safety laws,

94, 95, 144-149.
Weekly day of rest, 80.
Weighing coal before screening, 51.
Women and children, employment of,

100-107.
Women — hiring out, to support hus-
bands in idleness, 107.
hours of labor of, 101-103.
wages of, 48, 106, 107.
Workmen's compensation for injuries,

187-198.
Workmen's insurance, 184-186.
Workmen's trains, 207.



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Online LibraryLindley Daniel ClarkThe law of the employment of labor → online text (page 31 of 32)